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UNITED STATES v. TONEY

No. 78-5432.

605 F.2d 200 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James Finis TONEY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 30, 1979.

Attorney(s) appearing for the Case

Ronald W. Maxwell, Jacksonville, Fla., for defendant-appellant.

Thomas E. Morris, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before GODBOLD, Circuit Judge, SKELTON, Senior Judge, and RUBIN, Circuit Judge.

SKELTON, Senior Judge.

Appellant James Finis Toney, Jr. (Toney), William B. Rice, and Sondra G. Hagans, were jointly indicted for a scheme to defraud and for obtaining money and property by means of false and fraudulent pretenses, representations and promises from persons who could and would be induced by them to purchase distributorships of a sound reproducing device known as "Fantacoustic." The indictment alleged that the false and fraudulent pretenses, representations...

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